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Shoemyer v. Kander

Supreme Court of Missouri, En Banc

June 30, 2015

WES SHOEMYER, DARVIN BENTLAGE AND RICHARD OSWALD, Plaintiffs,
v.
MISSOURI SECRETARY OF STATE JASON KANDER, Defendant

The individuals who filed the election contest were represented by Anthony L. DeWitt of Bartimus, Frickleton, Robertson & Goza PC in Jefferson City.

The secretary of state was represented by Deputy Solicitor General Jeremiah J. Morgan and Jonathan M. Hensley of the attorney general's office in Jefferson City.

The legislator-intervenors were represented by David H. Welch, deputy general counsel of the Missouri House of Representatives in Jefferson City.

Todd Scott, chief of staff for the president pro tem's office in Jefferson City.

Missouri Farmers Care was represented by Mark F. (Thor) Hearne II and Stephen S. Davis of Arent Fox LLP in St. Louis.

Russell, C.J., Breckenridge, Fischer and Wilson, JJ., concur; Teitelman, J., concurs in result; Stith, J., dissents in separate opinion filed; Draper, J., concurs in opinion of Stith, J.

OPINION

Page 172

ORIGINAL PROCEEDING: ELECTION CONTEST

PER CURIAM

The plaintiffs have filed an election contest challenging the summary statement in the ballot title of a proposed constitutional amendment. This case, like Dotson v. Kander, 464 S.W.3d 190, (Mo. banc 2015) (No. SC94482), decided today, raises the issue of whether a challenge to a ballot title may be brought after voters have adopted the measure.

Because this Court held in Dotson that chapters 115 and 116[1] allow for such challenges, plaintiffs may bring this suit. The

Page 173

summary statement here was sufficient and fair. This Court finds there was no election irregularity, and the ...


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